A. Whenever the existence of a nonconforming use is an issue, such existence shall be a question of fact, and shall be decided by the zoning board of appeals or the council, as the case may be, after a hearing. (2006 Code § 10-2-4-5)
B. 1. The intermittent, temporary, casual, or illegal use of a building or land shall not be sufficient to establish the existence of a nonconforming use; and
2. The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. (2006 Code § 10-2-4-4)